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Zachary Moen Zachary Moen

10 Ways an Outside General Counsel Subscription Can Help Your Business

One of our more popular offerings at ZVMLaw is our flat rate corporate counsel subscriptions which allow small to mid-sized companies to have the benefit of an in-house legal department at a fraction of the cost. Here are ten ways our outside general counsel subscriptions can help your business.

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Trademark Daniel Grossman Trademark Daniel Grossman

Trademarking Foreign Words: Should I Include the Accents?

Even though we don’t often use accents—also known as diacritics—in everyday English, brand and product names are filled with words containing diacritics—from Hermès, L'Oréal Paris, and Lancôme, to Uterqüe and Castañer. To ensure the enforceability of your trademark, you will want to make sure to include things like accents and cedillas if the context calls for it in your trademark application.

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Zachary Moen Zachary Moen

First Trial Under the Illinois Biometric Information Privacy Act Results in $228m Verdict

In light of the recent large settlements and this even larger jury verdict for violations of BIPA, companies doing business in Illinois should expect more BIPA suits with even higher settlement demands and should closely monitor any biometric information that may be collected from residents of Illinois (by the company or its vendors) to ensure that any such collection complies with BIPA.

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When Can You Inspect an Opposing Party’s Computers and Digital Data in Litigation?

Parties in litigation can file requests to inspect the opposing party’s computers or other electronic devices for evidence to support their claims. However, due to the intrusive nature of such requests, courts won’t just rubber stamp any request to inspect. This blog post discusses the requirements necessary to support such a request.

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Copyright, Trademark Mac Burns Copyright, Trademark Mac Burns

Protecting Your App Icon

Creating and protecting a distinct and eye-grabbing app icon can help users to quickly identify your app on their device. You can and should consider protecting your app icon through trademark registration, copyright registration, and trade dress protection.

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Copyright Zachary Moen Copyright Zachary Moen

5 Things to Know About NFTs and Copyright Law

While NFTs are relatively new, U.S. copyright law treats NFTs the same as any other traditional work, which has led to many misunderstandings among those who mint, purchase, and sell NFTs. Here are the five things to know about NFTs and U.S. copyright law.

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Copyright Zachary Moen Copyright Zachary Moen

Are Works Created By AI Protected by Copyright?

With the emergence of Artificial Intelligence (AI) in recent years, creative works can now be produced based on decisions made by computers, without specific direction from a human author. This raises the question of whether such tools can create a “work for hire” for a human owner, such that the work is protected by U.S. copyright law, even though no human is directly involved in the creation of the work.

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Copyright Zachary Moen Copyright Zachary Moen

Common Misconceptions About Fair Use in Copyright Law

Many people believe that their use of copyrighted material is “fair use” and not copyright infringement. However, a high percentage of those people later find out that their use was not covered by the fair use doctrine. The following are common misconceptions about when the fair use doctrine applies to use of copyrighted material.

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Copyright Zachary Moen Copyright Zachary Moen

Copyright 101: The Work for Hire Doctrine

Generally, ownership of copyright vests in the author of the work, a/k/a the person who created the work. One exception to this general rule is the “work for hire” doctrine, under which ownership of the copyright vests in the author’s employer or person for whom the author prepared the work. However, the work for hire doctrine is narrower than many people expect. The following is an overview of the work for hire doctrine and when it applies.

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Trademark Zachary Moen Trademark Zachary Moen

Is Your Trademark Distinctive Enough To Be Protected Under Federal Law?

The purpose of a trademark is to distinguish goods/services and their source from other goods/services in the marketplace. To further that purpose, federal courts have created a sliding scale under which the degree of protection a mark receives depends on its level of distinctiveness. The five categories, in order from least distinctive to most distinctive, are: (1) generic marks, (2) descriptive marks, (3) suggestive marks, (4) arbitrary marks, and (5) fanciful marks. Below is a brief description of each category and the level of protection a trademark that falls in that category receives under federal law.

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Zachary Moen Zachary Moen

Legal Rules for Social Media Influencer Marketing

Social media influencer marketing has become a mainstream and important marketing channel for brands to connect with consumers on social media platforms as well as a way for influencers to earn additional income. However, many influencers aren’t aware of the legal requirements that apply to their endorsements. Here is an overview of the basic legal rules for social medial influencers.

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